Magruder seeks rezoning for potential SB shopping center

Tuesday

Jun 25, 2013 at 6:45 PMJun 26, 2013 at 10:44 AM

A new shopping center could be in the works for the Sunrise Beach area in the next few years but the proposal, which must be considered by Camden County, Sunrise Beach and the Missouri Department of Natural Resources (DNR), comes with some complications.

Amy Wilson Lake Media Reporter

A new shopping center could be in the works for the Sunrise Beach area in the next few years but the proposal, which must be considered by Camden County, Sunrise Beach and the Missouri Department of Natural Resources (DNR), comes with some complications.

Magruder Quarry & Equipment currently operates a quarry that abuts Highway 5 in the Village of Sunrise Beach. The company has applied for a rezoning on property adjacent to the existing quarry directly to the south that is in Camden County. The property is owned by Charles and Phyllis Turner.

The application by Magruder seeks to change the zoning on the Turner property from agricultural-residential (A-R) to high impact commercial (B-3). The stated intent, according to Camden County Planning and Zoning Administrator Don Hathaway, is to develop a big box commercial shopping center.

The proposed finished area of overall development consists of approximately 49 acres with roughly half on the Turner property in Camden County and half on the existing quarry in Sunrise Beach.

Magruder's Sunrise Beach location is already zoned commercial. The quarry is a grandfathered use under Sunrise Beach P&Z.

As a quarry company, Magruder is not simply seeking to excavate and develop commercial property. It is also seeking a special use permit from the Camden County Board of Adjustment (the BOA is a part of P&Z) to quarry and sell the rock from the Turner property until the land is at a grade suitable for a large commercial site.

According to Hathaway, the BOA has the ability to set a limit on the grade work as well as the length of time for quarrying with a special use permit. Just what limits will be proposed are still up in the air, he said, and are subject to BOA approval.

Hathaway said the time frame could be around five years, give or take a year or two.

The final grade of the land and the amount of material that needs to be removed to get to that point are the main factors in the time frame.

"There's a lot of material, a lot of rock there, so it will take a lot of work to get it to grade," he said.

To expand the quarry, Magruder must also get a land reclamation permit from DNR.

Located adjacent to the village, the Sunrise Beach P&Z process will also review Magruder's proposal to Camden County.

Camden County has an intergovernmental agreement with the Sunrise Beach Board of Trustees to allow input on P&Z cases involving property within 1 1/2 miles of the village.

If the Sunrise Beach BOT recommends denial of the rezoning, it would take a supermajority - rather than a simple majority - of the county planning commission to approve the B-3 request.

The Sunrise Beach Planning Commission will begin its review of the case at its Monday, July 1 meeting. The meeting will start at 6 p.m. and is held at Sunrise Beach City Hall.

The case will officially open with the Camden County Planning Commission at its Wednesday, July 17 meeting to begin at 5:30 p.m. at the Camden County Courthouse third floor hearing room.

The BOA agenda is not yet firmly set. It may hear the case at its July 24 meeting, or the case may be delayed to see how the county planning commission rules, according to Hathaway.

Without approval of the shopping center concept, the county will likely not want to extend quarry operations, he said.

It typically takes two months to rezone a property. If any opposition is presented to a case at the initial hearing, it is automatically tabled per P&Z bylaws until the following month's meeting.

The quarry at this location has faced opposition in the past to operations.

There were significant complaints from residents and business owners near the quarry about blasting operations under a different company, leading to the formation of the Sunrise Beach Quarry Accountability Committee.

The committee's advocacy led to some changes in state regulations and village ordinances. The issue also sparked renewed interest in P&Z in the village, leading to its adoption in 2009.

There were also complaints about a former asphalt plant at the site under a different operator.

When Magruder attempted to open a temporary asphalt plant at the quarry for its repaving work on Highway 5 this summer, the short term conditional use permit was ultimately denied by the Sunrise Beach BOT with stated concerns from board members regarding public health and welfare.

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